In general, distribution of content created by others is not allowed unless a right or a license to use the content has been obtained. For example, a first musician that intends to incorporate a musical content created by a second musician into the work created by the first musician, for distribution thereof, is required to obtain the consent of the second musician. It is appreciated that the need to obtain a license from the artist that creates the content is not limited to audio content. For example, a license to use copyrighted content may be required for literally work, visual art, video, stilled images, etc.
Unfortunately, negotiating a contract between the right holder and others is not always possible and easy. For example, the right holder may be unwilling to license the content or it may be very expensive to obtain a license to use the copyrighted material. Also, rights negotiations can be time consuming and involve legal counsel. Moreover, one may need to obtain a license to use content from a third party agent and not directly from the artist that created the art work, thereby serving as an additional obstacle in obtaining a license to use the created art work. Accordingly, some artists are left with no option but to abandon the creation of their artistic work that incorporates work of others, thereby hindering art creation and artistic talent.
Moreover, modern digital recording and computer implemented mixing and playback applications have provided artists with increased flexibility in providing mixed works that draw from existing works of others. It would be advantageous to increase the freedom by which such artists can operate to produce and distribute their works.